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PANAMSAT CORP. v. F.C.C.

No. 98-1408.

198 F.3d 890 (1999)

PANAMSAT CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. BellSouth Wireless, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1999.

Attorney(s) appearing for the Case

Henry Goldberg argued the cause for petitioner. With him on the briefs were Joseph A. Godles and W. Kenneth Ferree.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Christopher J. Wright, General Counsel, Daniel M. Armstrong, Associate General Counsel, Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys.

Before: WILLIAMS, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

WILLIAMS, Circuit Judge:

Congress requires that the Federal Communications Commission collect fees to finance its regulatory activities. In 1985, as part of the Consolidated Omnibus Budget Reconciliation Act, it amended the Communications Act of 1934 by adding a section 8, 47 U.S.C. § 158, which created a schedule of "application fees" for regulatees to pay to the FCC. In 1993, again as part of the...

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